The Local Government Superannuation (Local Government Reorganisation) Regulations 1985

EXPLANATORY NOTE

These regulations make provision for matters connected with the Local Government Act 1985 (“the 1985 Act”).

Regulation 4 makes the residuary bodies established by section 57 of the 1985 Act “scheduled bodies” for the purposes of the Local Government Superannuation Regulations 1974 (“the principal regulations”). Their whole-time employees thus become pensionable employees under the principal regulations. Pensionable employees of the London Residuary Body become contributors to the fund maintained by the Greater London Council ( regulation 3); others, under regulation B3(6) of the principal regulations, to the fund maintained by the country council for whose area the residuary body is established. Regulation 2 adds the necessary definitions.

Regulation 5 provides continuity of employment, for the purposes of the principal regulations, for Greater London Council and metropolitan country council employees who are transferred by order under section 52 of the 1985 Act to scheduled bodies, and for employees who transfer voluntarily between scheduled bodies in circumstances in which section 54 (which provides continuity of employment for certain other purposes) applies. Questions as to the application of regulation 5 are to be decided in the first instance by the new employing body, and in cases of dispute or default may be determined by an industrial tribunal (regulation 6).

Section 12 of the Superannuation Act 1972 confers express power to make regulations retrospective in effect. These regulations are retrospective to the passing of the 1985 Act. Where rights in relation to ex-employees could be adversely affected, provision is made for opting-out (regulation 7).